The Criminal Accountability of the Community Organizations’ Member Conducting Violence Based on the Law of Penal Code in Conjunction with Law Number 17 of 2013 on Community Organization

Abstract

The existence of Community Organisations (CSOs) in the middle of the community is something that cannot be prevented, because in addition to being one of the potential and strength of the nation in development, is also a constitutional mandate in the context of freedom of speech, association and assembly, as concrete implementation and respect for the human rights of the state against its citizens. In scientific writing, the author raised the problem of how law enforcement against members of civil society organizations (CSOs) in dealing with the perpetrators of crimes of violence which in this case are members of the community organizations. The purpose of this study was to analyze law enforcement carried out by law enforcement and government in response to community organizations who commit crimes of violence to disrupt security and public order. To discuss the problems the authors conducted a normative juridical approach to the material in the form of primary legal materials, secondary, and tertiary either in the form of legislation, legal principles and research results. This study used a descriptive methodology. It can be concluded that the sanctions provided by the Organization of Society to its members who committed a criminal act of violence can be expelled from the organization, as well as criminal liability is carried by members of community organizations are able to arrest member of Community Organizations if convicted of a criminal offense and if the organization community in this regard cannot do things firmly against its members and is still committed a crime of violence that disrupt public order and security, then the social organization can be dissolved by Act No. 17 of 2013 On social organization.